law civil v criminal, source law
- Created by: neve mason x
- Created on: 14-01-22 09:09
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- legal/ other rules (c1)
- common law
- based on, "stare decisis" - let the decision stand.
- helped develop the court hierarchy as lower courts follow higher courts and cases are published
- based on judicial decisions.
- common law decisions must be constant and apply to the whole country so cases are treated fairly and equily.
- donoghue v stevenson 1932 was a common law decision on tort of negligence - affected whole country.
- civil vs criminal
- civil cases
- purpose - uphold the rights of individuals or businesses
- person starting the case - the claiment of the person who suffered
- standard of proof - the balance of probabilities
- burden of proof - on the claiment
- outcome - liable, not liable - compensation
- citation - surname v surname
- criminal cases
- purpose - maintain law and order, and maintain society
- outcome - convicted or acquitted
- person starting the case - crown prosecution service ( cps)
- standard of proof - beyond all reasonable doubt
- burden of proof - on the cps
- case citation - r v surname
- civil cases
- common law
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